The Law and Procedure of the International Court of Justice

Fifty Years of Jurisprudence

Hugh Thirlway

Provides a thorough, detailed examination of the work of the International Court of Justice by an author intimately involved in its practice

Demonstrates the evolution of the Court's jurisprudence over the last twenty years

Collects together the author's articles on the law and procedure of the International Court of Justice from 1989 to 2011, with an extensive index and tables, and references to recent case law

The Law and Procedure of the International Court of Justice

Fifty Years of Jurisprudence

Hugh Thirlway

Description

This book provides a complete overview into the work of the International Court of Justice in the last twenty years. Since 1989, the author, a former Principal Legal Secretary to the International Court of Justice, contributed frequent articles on this subject to the British Yearbook of International Law continuing the work begun by Sir Gerald Fitzmaurice in 1950. This work brings together these articles in one place for the first time, with extensive cross-references, and a thorough index and tables, making it more accessible than ever.

This collection addresses all of the areas of international law that the International Court of Justice has addressed with depth and nuance. The topics considered include general principles of law, sources of law, treaty
interpretation, substantive issues such as the law of the sea, state sovereignty, and state responsibility, questions of jurisdiction and competence, and questions of the Court's procedure. A comprehensive work of incredible detail, this collection is essential reading for those studying the law and procedure of the International Court of Justice, and its role at the heart of the international legal system, as well as for practitioners appearing before the Court.

The Law and Procedure of the International Court of Justice

Fifty Years of Jurisprudence

Hugh Thirlway

Table of Contents

I. General Principles and Sources of Law Division A : General Principles Introduction (1989)1. Good Faith and Related Principles2. International Rights and Obligations3. Relationships Between Legal OrdersDivision B: Sources of Law Introduction (1990)1. Miscellaneous Minor Sources or Pseudo-Sources2. Treaties and Conventions in Force3. Custom4. General Principles of Law Recognised by Civilised Nations5. Subsidiary Sources: Judicial DecisionsII. Treaty Interpretation and Other Treaty Points Introduction (1991)Division A: Treaty Interpretation 1. Introductory2. Fitzmaurice's Principles in the Case Law of the Court, 1954-19893. Ancillary and Other Interpretative
FindingsDivision B: Other Treaty Points 1. Preliminary Matters2. Conditions of the Formation of Agreement3. The Treaty in Action4. Conduct Inconsistent with a Treaty5. Termination of TreatiesIII. Points of Substantive Law, 1960-1989 Division A: The Law of the Sea Introduction (1993)1. Claims to Maritime Spaces: General Survey2. Maritime Delimitation: Legal and Practical Aspects3. Other Questions of the Law of the SeaIntroduction (1995)Division B: State Sovereignty, Territory, and Frontiers 1. State Sovereignty2. Acquisition of Territory3. Land Frontiers4. Territorial Disputes and the Critical DateDivision C: State Responsibility and International Claims 1. The 'Act
Of The State' Under International Law2. The Breach of an International Obligation3. Circumstances Precluding Wrongfulness4. The Rule of Exhaustion of Local Remedies5. Reparation and RestitutionDivision D: International Organisations Introduction (1996)Introduction (2009)1. International Organisations in General2. The United Nations: 19963. Summary (1996) of Decisions Relating to International OrganisationsIV. Questions of Jurisdiction and Competence Introduction (1998)Preface (2010)1. Jurisdiction in Contentious Cases2. Jurisdiction and its Exercise in Advisory Proceedings3. Jurisdiction and its Non-Exercise: 'General Admissibility' in Contentious and Advisory ProceedingsV. Questionsof Procedure, 1954-1989 1. The Composition of the Court for Particular Cases2. The Institution of Proceedings3. Incidental Proceedings

The Law and Procedure of the International Court of Justice

Fifty Years of Jurisprudence

Hugh Thirlway

Author Information

Hugh Thirlway was Principal Legal Secretary to the International Court of Justice from 1989 to 1994, and has since been Professor of International Law at the Graduate Institute of International Studies, Geneva, Visiting Professor to Bristol University, and Visiting Professor to the University of Leiden.